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OCR Proposes HIPAA Amendments to Protect Reproductive Health Care Information
April 13, 2023 | Blog | By Dianne Bourque, Kate Stewart, Pat Ouellette
In response to concerns about the confidentiality of protected health information (PHI) related to reproductive health care less than one year after Dobbs v. Jackson Women’s Health Organization decision, and the prospect of such PHI being weaponized by states and used against patients, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) has proposed amendments to the HIPAA Privacy Rule to protect that information.
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FDA Modernizes Mammography Regulations, Provides Facilities with Eighteen-Month Compliance Deadline
March 20, 2023 | Blog | By Joanne Hawana, Jane Haviland
Congress Expands Protections for Pregnant and Nursing Employees
January 4, 2023 | Blog | By Kevin Kim
Will ‘Dobbs’ Advice Erode the Attorney-Client Privilege?
August 31, 2022 | Blog | By Jennifer Rubin, Greer Clem
Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits Post-Dobbs
August 8, 2022 | Blog | By Greer Clem, Jennifer Rubin
Protecting Health Information Post Roe – Part 2: Steps for Health Care Providers
July 21, 2022 | Blog | By Cynthia Larose, Dianne Bourque
In this second of our two-part blog series on protecting health information post Roe, we discuss legal and practical strategies that health care providers can take to protect the information of their patients. State laws that restrict or criminalize abortions will require significant amounts of health information to enforce, putting new pressure on health care providers caught in the middle of competing obligations to their patients and to regulatory and law enforcement authorities making lawful requests for this information.
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Will a Nonprescription Birth Control Pill Be FDA’s First Approval under its Long-Awaited “ANCU” Proposed Rule?
July 20, 2022 | Blog | By Joanne Hawana
Unintended downstream consequences are likely to abound in the wake of the June 24, 2022 Dobbs decision that overruled Roe v. Wade, as Mintz attorneys have addressed in other contexts. Those looking ahead have raised concerns about women’s continued access to the wide array of birth control options that have been approved for use in the United States by the Food and Drug Administration (FDA). This post provides a brief historical background on how OTC birth control pills have been regulated under the Federal Food, Drug, and Cosmetic Act and reviews the FDA's Additional Conditions for Nonprescription Use (ACNU) Proposed Rule.
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Post-Dobbs Abortion-Related Travel Benefits: Surveying Employers’ Options
July 13, 2022 | Blog | By Michelle Capezza, Patricia Moran
Dobbs impacts employer-sponsored group health plan coverage for abortion services in states where abortion is, or becomes, illegal, and abortion-related travel benefits. While our earlier post focused on coverage of abortion and abortion-related travel services under a group health plan, and related ERISA preemption considerations, in this post Mintz attorneys Alden Bianchi, Michelle Capezza and Patricia Moran examine other approaches available to employers that seek to make these benefits available, such as HRAs, health FSAs, excepted benefit EAPs and HSAs.
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Protecting Health Information Post Roe Part 1: Steps for Women
July 5, 2022 | Blog | By Dianne Bourque, Cynthia Larose
Much has been written about how existing privacy laws such as HIPAA are unhelpful to women in the wake of Dobbs vs. Jackon Women's Health Organization ruling. In the first of this two-part blog post series, the Mintz team breaks down the legal rights and practical strategies that women can use to protect their own information.
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Group Health Plans in the Crossfire: Facilitating Reproductive Choice in the Wake of Dobbs v. Jackson Women’s Health
June 26, 2022 | Blog | By Jennifer Rubin, Michelle Capezza, Corbin Carter, Michael Arnold
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